Results 1 to 5 of 5
  1. #1

    Default What's the Best Way to Handle Collecting Arrears

    My question involves a marriage in the state of: Georgia

    Hello,

    My ex husband is in arrears for $15,400 and I am wondering what the best option may be for collecting what is owed. I cannot afford the $3,000 my attorney wants up front and thought about filing myself but apparently the courthouse does not provide any necessary forms or information, I have to research this on my own and so far it seems this may be a difficult way to pursue this. I can go to the county law library and see what I can find or possibly go through Child Support Enforcement. Does anyone have any experience with either of these or advice for me? I do not want to see him go to jail and have been told he only would if he refused to pay. He has an attorney that he will call and hire, can he fight this if I go through Child Support Enforcement?

    Tension between us started in January when he filed to receive Social Security Benefits and found out that our daughter is eligible to collect until she reaches 18. He then told the lady that, yes, he is primary custodial parent and that she was not to contact me, that I had nothing to do with it and I already get child support. The lady knew right then that he was trying to pull one over on her and after he cussed her out, she contacted me immediately asking if I would like to have payment direct deposited into my daughters account. My ex and I have gotten along fairly well for the last 10 years since divorcing until this, or at least I have tolerated him....he is a very controlling person and this has set him over the edge. He hired an attorney for modification which I will not contest, his income is not what it was while we were married. I have called his attorney and stated I am not contesting and will agree to modification but we still need to deal with arrearages. His attorney had not idea he owed as much as he does and said he would discuss this with him. I have heard nothing for several months now and have not received any child support since February. In the beginning he made me an offer of paying $300.00 a month which would almost make what I am getting through SSA and him, what I should have been each month. He has set his own amount that I receive the last few years and even skipped completely at times.

    I have finally reached a point where his bullying and control has to stop, but am also very nervous about doing this and which avenue to go. Any advice would be greatly appreciated.

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: What's the Best Way to Handle Collecting Arrears

    I'd suggest going to the Georgia CSEA and let them enforce it. The Dependent Benefits that arise from Dad's SSDI should be counted as CS in any modification (but that does not happen automagically; it has to be part of the court order). What happened to the back pay that comes with the SSDI award? Did you receive that?

  3. #3

    Default Re: What's the Best Way to Handle Collecting Arrears

    Hi BooRennie and thank you for your reply. I am not sure what back pay you are referring to?

    If I go through CSEA he will call his attorney and fight it, is there anything he can do to fight this?

    The whole thing stinks, I fear it will end up affecting our daughter (she is 13) and he will put her in the middle as he has done since February. THAT is the part I wish I could do something about. So much is put into the agreement that talks about protecting the children but ultimately there is not much that can be done unless there is physical or major abuse.

  4. #4
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: What's the Best Way to Handle Collecting Arrears

    SSDI pays an amount of backpay that is figured when the disability affected employment until the benefits are awarded. It is a lump sum and the amount is dependent on the length of time between disability starting and determination.

    http://www.socialsecurity.gov/pubs/EN-05-10153.pdf
    http://www.socialsecurity.gov/pubs/EN-05-10085.pdf
    http://search.socialsecurity.gov/sea...ndent+benefits

    State will do all the fighting, even if Dad hires an attorney. But remember, the state represents its own interests, not yours (though they often run concurrent).

  5. #5

    Default Re: What's the Best Way to Handle Collecting Arrears

    There was not a disability that affected employment, he will be 65 next month.

    1. Sponsored Links
       

Similar Threads

  1. Collection and Enforcement: Having Difficulty Collecting Arrears
    By frustrated754 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 10-30-2013, 10:45 AM
  2. Support Arrears: Collecting Arrears
    By dsbjaj in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 05-10-2011, 08:45 AM
  3. Support Arrears: Collecting Child Support Arrears in Texas
    By Mom1964 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 02-28-2011, 02:52 PM
  4. Support Arrears: Collecting Arrears in California
    By oceaneyes247 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 07-14-2010, 10:07 PM
  5. Support Arrears: Collecting Child Support Arrears
    By singledad in forum Child Custody, Support and Visitation
    Replies: 13
    Last Post: 03-29-2008, 02:28 PM
 
 
Sponsored Links

Legal Help, Information and Resources